Motor Vehicles – OWI — warrantless blood draws — good faith exception

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — warrantless blood draws — good faith exception

Dushyant Patel appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), first offense. He contends the circuit court erred in failing to suppress evidence related to a sample of his blood because the blood draw was unconstitutional in light of Missouri v. McNeely, 569 U.S. ___, 133 S. Ct. 1552 (2013), a United States Supreme Court decision handed down after the draw was performed but while the case was still pending. He argues that the exclusionary rule should preclude use of the evidence and that the good faith exception to the rule does not apply. We conclude that because the arresting deputy was acting in conformity with clear, well-settled law in effect at the time, which permitted such a blood draw, the circuit court did not err in determining that the deputy acted in good faith and denying Patel’s motion to suppress. We affirm. This opinion will not be published.

2013AP2292 County of Waukesha v. Patel

Dist II, Waukesha County, Foster, J., Gundrum, J.

Attorneys: For Appellant: Cotton, Anthony, Waukesha; For Respondent: Bayer, Bryan C., Waukesha